Making marriage harder

A St Valentine’s Day wish to take the law out of romance.

There is nothing wrong with wedding ceremonies, for those who want to do that sort of thing. Ceremonies could be religious or non-religious, and be between mixed-sex or same-sex couples. Indeed, one could have ceremonies involving anyone who was up for a bit of fun.

Nor is there anything wrong with wedding receptions. The key to a successful wedding reception is that the total value of the gifts on the wedding list should exceed the cost of the reception. And for romantics, the wedding reception is a perfect opportunity to meet others with a similar affliction in a comfortable and non-threatening environment.

But there is no need for weddings to have any legal consequences. Many who undergo weddings, for the best of reasons, do not seem to realise the dire legal effects of their actions. For a wedding means that a marriage contract has been entered into.

Every first-year law student used to know that marriage is a form of contract. Indeed, the celebrated case of Bardell v Pickwick reminds us that a legal action could once be brought for breach of a promise to enter such a contract.

Usually with such onerous contracts, both parties should have separate legal advice. I do not mean advice for a prenuptial agreement; I mean legal advice for both parties on entering the nuptial agreement itself.

A commercial transaction of comparable value -- say a share acquisition or a disposal of assets -- would normally be accompanied by lawyerly advice: seeking contractual protections, guarantees, and amounts in escrow. Various adverse outcomes would be discussed with harsh and open realism, and the parties would allocate risks and rights of termination accordingly. And once both parties were properly advised, and had mutually agreed the legal outcomes of various unhappy scenarios, then there would be a cooling-off period of 12 months before the agreement had legal effect.

Indeed, the world would be a far happier place if marriage was harder and divorce easier. There would be far fewer divorce lawyers if there were more marriage lawyers, just as companies that are realistic and well-advised when they negotiate a contract tend not to get bogged down subsequently in messy litigation.

Couples who really want to entrap themselves in a legal relationship, as well as having a marriage ceremony and a nice reception, should be allowed to do so. After all, it does take all sorts.

But one suspects that if the parties were forced to consider the legal consequences of their marriage, fewer would get married. However, those marriages which then did take place would tend to endure happily ever after.

And there's a romantic thought.


David Allen Green is legal correspondent of the New Statesman. 

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Responding to George Osborne's tax credit U-turn should have been Labour's victory lap

He changed the forecast, we changed the weather. But still it rains.

The Labour Party should have rested on its laurels in the Autumn Statement. While Gideon name checked his Tory colleagues for their successful lobbying, he should have been reading out the names of Labour members who changed his position.  I'll let the Tories have the potholes, (even though it was in Labour manifesto) but everything else was us. 

He stopped his assault on tax credits. Not because he woke up in his mansion in a cold sweat, the ghost of Christmas Future at the foot of his bed, ringing out the names of the thousands and thousands of children he would plunge into poverty. Nah, it's not that. It's as my sons might say "no way George, you got told!" The constant pressure of the Labour Party and a variety of Lords in a range of shades, supported by that media we are all meant to hate, did for him. It's the thousands of brilliant people who kept the pressure up by emailing politicians constantly that did it. Bravo us, boo nasty George!

As Baron Osborne thanked the Tory male MP for his brilliant idea, to spend the Tampax tax on women's services, I wanted to launch a tampon at his head. Not a used one you understand, I have some boundaries. He should have credited Paula Sheriff, the Labour MP for making this change. He should have credited all the brilliant women's groups, Yvette Cooper, Stella Creasy, Caroline Lucas and even little old me, for our constant, regular and persistent pestering on the subject of funding for refuges and women's services. 

On police cuts, his side should not have cheered him at all. We are now in a position when loud cheers are heard when nothing changes. So happy was his side that he was not cutting it, one can only conclude they really hate all the cutting they do. He should not have taken a ridiculous side swipe at Andy Burnham, but instead he should have credited the years and years of constant campaigning by Jack Dromey. 

I tell you what Georgie boy can take credit for, the many tax increases he chalked up. Increases in council tax to pay for huge deficit in care costs left by his cuts. Increases in the bit of council tax that pays for Police. Even though nothing changed remember. When he says levy or precept it's like when people say I'm curvy when they mean fat. It's a tax. 

He can take credit for making student nurses pay to work for free in the NHS. That's got his little privileged fingers all over it. My babies were both delivered by student midwives. The first time my sons life was saved, and on the second occasion my life was saved. The women who saved us were on placement hours as part of their training, working towards their qualifications. Now those same women, will be paying for the pleasure of working for free and saving lives. Paying to work for free! On reflection throwing a tampon at him is too good, this change makes me want to lob my son's placenta in his face.

Elsewhere in Parliament on Autumn Statement day Jeremy Hunt, capitulated and agreed to negotiate with Student Doctors. Thanks to the brilliant pressure built by junior doctors and in no small part Heidi Alexander. Another disaster averted, thanks to Labour.

I could go on and on with thanks to charities, think tanks, individual constituents and other opposition MPs who should have got the autumn cheers. We did it, we were a great and powerful opposition, we balanced the pain with reality. We made Lord sorry the first Lord of the Treasury and his stormtroopers move from the dark side. We should have got the cheers, but all we got was a black eye, when a little red book smacked us right in the face.